Sunday, December 25, 2016

Delaware Judge Holds that State Constitution Does not Apply in State Parks, Forests

A year ago, the Bridgeport Rifle and Pistol Club filed suit against the state against the Department of Agriculture and the Department of Natural Resources and Environmental Control. The suit is designed to enforce Article 1, Section 20 of Delaware's Constitution. From ballotpedia.com:

A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.

The departments mentioned ban the possession of guns from public parks and state forests, unless the person is actually hunting with a valid hunting license.From the seafordstar.com:

This is not the club s first involvement in a lawsuit. It filed a brief in support of a 2010 complaint by two residents against the Wilmington Housing Authority and the authority s ban on guns in common areas of its public housing complexes. In 2014, the Delaware Supreme Court decided that the ban was unlawful under Delaware s Constitution. Also unlawful, the court decision said, was the authority s requirement that residents who owned guns have any permit or license available at all times for inspection. We were successful in ensuring that people who live in public housing have the same rights as everyone else, Hague said.

Winning the current suit would benefit people who travel to Sussex County to participate in shooting competitions at the rifle club, Hague said: We have a lot of competitors who like to go camping. They like to come down for a weekend, attend a match and then camp at Trap Pond State Park.

It would seem the suit is a slam dunk. The constitutional provision is clear. Precedent has been established by a previous state supreme court decision. But the local Superior Court Judge was not convinced. From wral.com:

On Friday, a Superior Court judge ruled in favor of the state, saying the regulations do not violate Delaware's Constitution.

"The regulations do not run afoul of the Delaware Constitution, defendants were not pre-empted by the General Assembly in enacting the regulations, and defendants did not exceed the scope of the authority granted to them by statute in promulgating the regulations" wrote Judge T. Henley Graves.

The logic here seems to be that the regulatory agencies were not stopped from violating the state constitution by the legislature, when the regulations were passed. Therefore the agencies did not exceed the authority given to them by the General Assembly?

Huh. What? The judge explained further:

The judge concluded that the state agencies have an importantgovernmental objective of keeping the public safe from the potential harm of firearms in parks and forests.

So, a constitutional provision that guarantees the right to protect yourself with arms, can be overridden by a regulatory agency because the agency has an important government objective of "keeping the public safe from the potential harm of firearms"?

The only problem with this judges ruling is that it is not a states rights or states constitutional issue. it is a federally guaranteed united states constitutional guarantee. the state has no written authority to infringe on the second amendment rights any where. Now this case will have to be appealed to the united states supreme court after the new justice is appointed.

The reality here is that the Second Amendment is what controls. None of the state legislators or the executive "rule makers" can tread onthis federally enumerated Constitutional individual incorporated right.

The judge is right and wrong at the same time. He is correct, the state legislature does not and cannot control - likewise, the executive cannot control either. The right of the PEOPLE is what controls, and it SHALL NOT be infringed.

This stuff isn't very hard to figure out when one is willing to relent before the God's honest truth. It only becomes complicated to the point of abject idiocy when folks like this judge try to start with the premise that government HAS to control somehow....cuz cuz cuz well government has to control somehow!

Paul Weber: Note your misconception in that time does not change a law or a constitution. without looking at your clock or calendar the words actually written in a law are what must be enforced any law that has no foundation by a constitution to exist is not a law.

The government's duty is to comply with the limits placed on it by the constitution and use only the delegated authority in it. the constitution exist to control the government. government was not created to control the people. the very purpose of the constitution is for the people to control the government.

I was stopped by a Nevada Highway patrol once. he said you seem to be a little nervous. I said yes I always get nervous when stopped by a cop. he said why is that I said because I have seen too many ass holes pined on a badge. He said well I'm going to have to impound your trailer because your tags are ten years out of date. I said you best call in first. he said why I said because Arizona tags are permanent. He said I have never heard of anything like that. He called in and came back and said well have a nice day good by.

If the state constitution doesn't apply, then the state government cannot assert authority in those parks and forests. The state constitution created those agencies, without the state constitution those agencies can't exist.

The judge is not interested in logic. He is interested in power. Your comment is perfectly logical. He would likely look at it and say "How quaint". This is 2016. We are far beyond such simplistic views of government.

This means that he has no concept of limited government. He should be impeached and disbarred, but he knows he is safe, because he is doing the bidding of the Deleware establishment.

These are the kinds of things that cause civil disobedience and get establishment people hurt. these are the kinds of things that explain the Trump win. enough of these kinds of things and the lid will blow off and we will see the establishment destroyed. we have left it up to government to do the impeaching when it should be required but government has learned to protect its self by ignoring the laws and doing as it damn well pleases. If trump had not won the election I think it would have been the last straw. corrupt judges like this one would be decorating lamp posts or wearing the latest fashion in tar and feathers.

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Background

“The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” -- Thomas Jefferson

Syndicated columnist Charley Reese (1937-2013): "Gun control by definition affects only honest people. When a politician tells you he wants to forbid you from owning a firearm or force you to get a license, he is telling you he doesn’t trust you. That’s an insult. ... Gun control is not about guns or crime. It is about an elite that fears and despises the common people."

The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles -- Jeff Cooper (1920-2006)

Note for non-American readers: Crime reports from America which describe an offender just as a "teen" or "teenager" almost invariably mean a BLACK teenager.

We are advised to NOT judge ALL Muslims by the actions of a few lunatics, but we are encouraged to judge ALL gun owners by the actions of a few lunatics.

Two lines below of a famous hymn that would be incomprehensible to Leftists today ("honor"? "right"? "freedom?" Freedom to agree with them is the only freedom they believe in)

First to fight for right and freedom,
And to keep our honor clean

It is of course the hymn of the USMC -- still today the relentless warriors that they always were.

The intellectual Roman Emperor Marcus Aurelius (AD 121-180) said: "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

How much do you know about Trayvon Martin? Did you recognize him in the picture above? If not you may need to know more about him. It's all here (Backups here and here)

“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” -- Robert A. Heinlein

After all the serious stuff here, maybe we need a funny picture of a cantankerous cat